Overview

The Migration Act 1958, enacted to regulate the entry, stay, and departure of people in Australia, addresses various aspects of migration and visa management. In line with the Act, the Minister for Immigration and Border Protection can issue directions to entities with functions or powers under the Act concerning the performance of those functions or the exercise of those powers, as stipulated in section 499. The revocation of Direction No. 10 – Assessment of Required Assurances of Support, originally signed on 28 June 1999, is a response to the shift in management of the Assurance of Support scheme to the Department of Human Services. This revocation is pursuant to the authority granted under section 499 of the Act and has been made without the need for consultation, as it is classified as a minor or machinery instrument under section 18(1) of the Legislative Instruments Act 2003. The revocation was executed as the Department of Human Services now oversees the Assurance of Support scheme, thereby rendering Direction No. 10 redundant.

Scope and Application

The F2011L01831 Instrument, made under Section 499 of the Migration Act 1958, pertains to the revocation of Direction No. 10 concerning the assessment of required assurances of support. This legislation applies to individuals and bodies that have functions or powers under the Migration Act, specifically those that were previously subject to the direction in question. The revocation of this direction reflects the current administrative arrangement where the Department of Human Services manages the Assurance of Support scheme, thereby removing the necessity for the specific direction previously issued. The revocation is effective from the day after the instrument is registered on the Federal Register of Legislative Instruments. This legislative instrument does not extend beyond its stated purpose of revoking Direction No. 10 and thus does not substantially alter existing arrangements, which is why consultation and a Regulatory Impact Statement were deemed unnecessary. The scope of the revocation is confined to the operational changes within the Migration Act, without affecting broader legislative frameworks or other related instruments.

Key Provisions

The primary operative sections of this legislation are the revocation of Direction No. 10 concerning the assessment of required assurances of support under the Migration Act 1958 (section 499). This revocation, which comes into effect on the day after the instrument is registered on the Federal Register of Legislative Instruments, signifies that the Department of Human Services now manages the Assurance of Support scheme (section 5). The Act permits the Minister to issue directions to persons or bodies exercising functions or powers under the Act if those directions pertain to the performance of those functions or the exercise of those powers (section 499). However, the revocation of Direction No. 10 means that the specific guidelines previously provided by this direction are no longer in effect, as the Department of Human Services has assumed responsibility for managing the Assurance of Support scheme. The Act imposes several obligations on the parties and entities it governs. It requires the Department of Human Services to manage the Assurance of Support scheme effectively. This includes ensuring that all necessary assurances of support are assessed and maintained as required by the Act. Furthermore, the Act mandates that any changes or revocations to directions issued under section 499 must be clearly communicated and implemented. The legislative instrument itself indicates that the revocation of Direction No. 10 is straightforward and does not require extensive consultation, as it is deemed to be of a minor or machinery nature (section 18(1) of the Legislative Instruments Act 2003). Additionally, the Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not necessary for this instrument (OBPR Reference 12683). The legislation does not explicitly detail offences, penalties, or specific civil or criminal consequences for breaches of the Act in this context. However, it is important to note that the general provisions of the Migration Act 1958 still apply, which means that any breach of the Act or its regulations could potentially lead to penalties as outlined in the broader legislative framework. For example, section 231 of the Migration Act 1958 provides that a person who contravenes the Act is liable to a penalty, and the maximum penalties can vary depending on the specific offence. In this case, the revocation of Direction No. 10 is a procedural change and does not introduce new offences or penalties but rather clarifies the current management responsibilities under the Act.